Gomez v. City of Farmersville, et al.

Filing 27

STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Sheila K. Oberto on 11/21/2017. (Timken, A)

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Bruce D. Praet SBN 119430
FERGUSON, PRAET & SHERMAN
A Professional Corporation
1631 East 18th Street
Santa Ana, California 92705-7101
[phone] telephone
[phone] facsimile
[e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BERNARDINA GOMEZ,
individually and as successor-ininterest to Esteven Andrade Gomez,
deceased,

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STIPULATED PROTECTIVE
ORDER

Plaintiff,

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Case No. 1:16-CV-01252 AWI SKO

vs.

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CITY OF FARMERSVILLE,
FARMERSVILLE POLICE
DEPARTMENT, and DOES 1-50,
inclusive.

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Defendants.
To expedite the flow of discovery materials, to facilitate the prompt
resolution of disputes over confidentiality of discovery materials, to adequately

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protect information the parties are entitled to keep confidential, to ensure that
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STIPULATED PROTECTIVE ORDER
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only materials that the parties and third-parties are entitled to keep confidential

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are subject to such treatment, and to ensure that the parties are permitted

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reasonably necessary uses of such materials in preparation for and in the conduct

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of trial, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, it is
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HEREBY ORDERED THAT:
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Documents designated as “Confidential” (hereinafter collectively

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“Protected Information”), and produced by parties to this action, are subject to

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this Protective Order.

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2.

“Confidential” documents are those identified in “APPENDIX 1” to

this Protective Order. “APPENDIX 1” may be amended by written agreement of

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the parties, with the updated document then being filed with the court.
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“Confidential” documents are those for which the designating party

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would be entitled to have protected from public disclosure by Court order under

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Rule 26(c) of the Federal Rules of Civil Procedure and the relevant case law.

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4.

Protected Information shall be used solely in connection with the

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civil case of Gomez, et al. v. City of Farmersville, et al, Case No. 1:16-cv-01252
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AWI SKO, and in the preparation of trial of this case, or any related proceeding.
5.

A party producing the documents and materials described above may

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designate those materials by affixing a mark labeling them as “Confidential.” If

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any Protected Information cannot be labeled with the aforementioned marking,

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STIPULATED PROTECTIVE ORDER
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those materials shall be placed in a sealed envelope or other container that is in

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turn marked with the appropriate designation in a manner agreed upon by the

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disclosing and requesting parties.

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6.

Protected Information designated under this Protective Order as

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”Confidential” may only be disclosed to the following persons:

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a)

Counsel for the parties;

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b)

Paralegal, clerical, and secretarial personnel regularly

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employed by counsel referred to in subpart (a) directly above,

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including stenographic deposition reporters or videographers

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retained in connection with this action;
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c)

Court personnel including stenographic reporters or

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videographers engaged in proceedings as are necessarily

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incidental to the preparation for the trial of the civil action;

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d)

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Any expert or consultant retained in connection with this
action;

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e)

The finder of fact at the time of trial, subject to the court’s

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rulings on in limine motions and objections of counsel; and

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f)

The parties, to the extent reasonably necessary to assist their

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counsel in this litigation or for their counsel to advise them

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with respect to the litigation.

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STIPULATED PROTECTIVE ORDER
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7.

All Protected Information filed with the Court for any purpose shall

be filed and served under seal in accordance with Local Rule 141.
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The designation of information as Protected Information, and the

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subsequent production thereof, is without prejudice to the right of any party to
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oppose the admissibility of the designated information.
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A nonparty producing information or material voluntarily or

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pursuant to a subpoena or a court order may, by agreement of the parties or by

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court order, designate such material or information as Protected Information

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pursuant to the terms of this Protective Order. The signatories to this Protective

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Order will treat such information as Protected Information to the same extent as if
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it had been produced by a party.
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A party may apply to the Court for an order that information

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designated as Protected Information pursuant to this Protective Order is not, in

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fact, “confidential.” Prior to so applying, the party seeking to reclassify Protected

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Information shall meet and confer with the producing party. Until the matter is

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resolved by the parties or the Court, the Protected Information in question shall
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continue to be treated according to its designation under the terms of this

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Protective Order. The producing party shall have the burden of establishing the

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propriety of the “Confidential” designation. A party shall not be obligated to

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challenge the propriety of a confidentiality designation at the time made, and a

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STIPULATED PROTECTIVE ORDER
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failure to do so shall not preclude a subsequent challenge thereto.
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Each person to whom disclosure is made, with the exception of

counsel, and its paralegal, clerical, and secretarial personnel, who are presumed to

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know the contents of this Protective Order, shall, prior to the time of disclosure,
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be provided by the person furnishing him or her such material, a copy of this

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Protective Order. Each person to whom disclosure is made shall agree on the

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record or in writing that he/she has read the Protective Order and he/she

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understands the provisions of the Protective Order. Such person must also consent

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to be subject to the jurisdiction of the United States District Court, Eastern

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District of California, with respect to any proceeding related to enforcement of
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this Protective Order, including without limitation, any proceeding for contempt.

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Provisions of this Protective Order, insofar as they restrict disclosure and use of

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the material, shall be in effect until further order of this Court.

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12.

After the conclusion of this litigation, all documents, in whatever

form stored or reproduced, containing Protected Information will remain

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confidential and subject to this Protective Order. The conclusion of this litigation
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means a termination of the case following applicable post-trial motions, appeal

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and/or retrial. After the conclusion of this litigation, all Protected Information

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received under the provisions of this Protective Order, including copies made,

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shall be destroyed, or tendered back to the attorneys for the party or parties

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STIPULATED PROTECTIVE ORDER
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producing the documents. The parties will also take all reasonable and necessary

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steps to ensure that persons to whom they disclose another party’s Protected

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Information destroy or return the Protected Information to the producing party.

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13.

An agreement between the parties will not suffice to protect the

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privacy interests at stake with respect to the Protected Information identified in

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Appendix 1. Those items concern particularly sensitive information that is

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statutorily privileged under California law, and a court order is needed to ensure

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such information is not disclosed except as authorized herein.

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14.

A court order will also ensure that these terms are enforceable

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against non-parties in this action as well as future, unrelated matters in which the
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current parties may not longer be involved.
Respectfully submitted,

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DATED:

Nov. 20, 2017

WAGNER, JONES, KOPFMAN &
ARTENIAN, LLP

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/s/ Laura E. Brown
Laura E. Brown
Attorneys for Plaintiff

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DATED:

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FERGUSON, PRAET & SHERMAN
A Professional Corporation
/s/ Bruce D. Praet 1
Bruce D. Praet
Attorneys for Defendants

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Nov. 20, 2017

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Signature authorized on November 20, 2017. See L.R. 131.
STIPULATED PROTECTIVE ORDER
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ORDER

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IT IS SO ORDERED.

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Dated:

November 21, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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STIPULATED PROTECTIVE ORDER
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.

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Bruce D. Praet SBN 119430
FERGUSON, PRAET & SHERMAN
A Professional Corporation
1631 East 18th Street
Santa Ana, California 92705-7101
[phone] telephone
[phone] facsimile
[e-mail]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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BERNARDINA GOMEZ,
individually and as successor-ininterest to Esteven Andrade Gomez,
deceased,

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APPENDIX ONE (1) TO
STIPULATED PROTECTIVE
ORDER

Plaintiff,

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Case No. 1:16-CV-01252 AWI SKO

vs.

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CITY OF FARMERSVILLE,
FARMERSVILLE POLICE
DEPARTMENT, and DOES 1-50,
inclusive.

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Defendants.
The following documents are subject to the Stipulated Protective Order
filed on October 23, 2017:

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APPENDIX 1 to Stipulated Protective Order
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Records of the Internal Affairs Investigation (criminal and
administrative) into the death of ESTEVEN ANDRADE GOMEZ

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which occurred on July 18, 2015, while he was in custody at the

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Farmersville Police Department.
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 These files contain peace officer administrative findings which

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are deemed confidential under state law as well as criminal

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history, medical records and other materials which would give

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rise to an unwarranted invasion of privacy.

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 While such materials may be relevant to the litigants in this

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matter, it would be adverse to all parties if such materials were

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subject to public disclosure.

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2.

The personnel files of Officers JESSIE MCBRIDE and ASHLEY
HETTICK compiled in the court of their employment with the
Farmersville Police Department.
 These files contain personal information about the Defendant

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officers including, but not limited to prior discipline,
evaluations, background and psychological records.
 These files are statutorily privileged under both state and
federal law.

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APPENDIX 1 to Stipulated Protective Order
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The documents listed above are “Confidential” and will be so designated.

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DATED:

Nov. 20, 2017

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WAGNER, JONES, KOPFMAN &
ARTENIAN, LLP

/s/ Laura E. Brown
Laura E. Brown
Attorneys for Plaintiff

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DATED:

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Nov. 20, 2017

FERGUSON, PRAET & SHERMAN
A Professional Corporation
/s/ Bruce D. Praet 2
Bruce D. Praet
Attorneys for Defendants

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Signature authorized on November 20, 2017. See L.R. 131.
APPENDIX 1 to Stipulated Protective Order

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